NEI Nuclear Notes

The U.S. District Court in Arizona sided with the Department of the Interior in its decision to withdraw one million acres of public land from new claims for uranium mining. The tract of land, called the Arizona Strip, has supported uranium mining and the support structure that has grown up around it for many years. None of that is changed by the current decision, but no new mines can be opened up for the 20 years that the land is withdrawn. The most interesting aspect of this decision is that judge ruled that the withdrawal could happen despite Interior’s recognition that it presents “a low risk of significant environmental harm.” But if mining there is not problematic, why ban additional claims? In addition, the Court was not bothered by the lack of Interior’s interest in relying on a full or even a reasonable set of facts in making its withdrawal decision. The Court’s explanation is telling but not satisfying if you believe that the government should base its decisions on avai...

The following is a guest blog post submitted by Ellen Ginsberg, vice president, general counsel and secretary of the Nuclear Energy Institute. On March 1, 2013, the federal District Court of Arizona will hear oral argument on the NEI’s pending motion for summary judgment in its challenge to the Secretary of Interior ’s withdrawal of over one million acres of public lands in Northern Arizona, including promising uranium deposits, under the Federal Land Policy and Management Act (“FLPMA”). NEI, joined by the National Mining Association , has argued that the Secretary of Interior lacked authority for the withdrawal in light of an unconstitutional legislative veto in the provision of FLPMA relied upon by the Secretary in issuing the withdrawal. The government has already conceded that the provision’s legislative veto is unconstitutional, leaving to be decided whether or not the remainder of the provision and the Secretary’s authority to issue such large-scale withdrawals survive...

Not good news : Secretary of the Interior Ken Salazar today announced his decision to protect the iconic Grand Canyon and its vital watershed from the potential adverse effects of additional uranium and other hardrock mining on over 1 million acres of federal land for the next 20 years. This is about the Arizona Strip, which straddles the north edge of the Grand Canyon and the Colorado River. Naturally, no one would support a move that would in any way damage these areas – doing so would bring major heat down on the mining industry – but no one has been able to show that mining there has damaged any aspect, physical or visual, of the neighboring canyon. Both Arizona’s and Utah’s Congressional delegations argued against withdrawing the land. Sen. John McCain (R-Ariz.) who certainly has institutional knowledge, noted that legislation back in the 80s agreed to keep the strip active while withdrawing other lands in the area from consideration . “The Obama Administration’s ba...